P AYYANAR Vs. RATHINAM

JUDGEMENT

(1.) AT the stage of admission, respondents are notified. Accordingly. Mr.R. Gandhi, learned Senior Counsel has put in appearance for the 1st respondent. The other respondents are the official respondents. As the appeal lies in a narrow compass, it is admitted and heard for final disposal.

(2.) THIS appeal is preferred against the order dated 3.11.95 passed by the learned Single Judge in W.P.No.8888 of 1985. The learned single Judge has allowed the writ petition and quashed the orders passed by the Tahsildar Record Officer, Appellate Authority and also the revisional authority and remitted the matter to the Tahsildar-Record Officer, Madurai for fresh disposal in accordance with law. The order passed by the learned single Judge, being short one, we extract the same as hereunder:

(3.) AGGRIEVED by the aforesaid order, the appellant herein preferred AP.No.24 of 1981 before the Appellate Authority, who was the Revenue Divisional Officer, Madurai. We may point out here that the appeal lies both on facts and on law and the Appellate Authority is entitled to appreciate the oral and documentary evidence and come to his own conclusion. Accordingly, the appellate Authority framed the following points for determination:-